“Heat of passion” is a legal concept used to describe a state of intense emotion, such as anger, fear, or jealousy, that temporarily impairs an individual’s judgement and self-control. In criminal law, heat of passion may serve as a mitigating factor in certain offences, particularly those involving violence or homicide. If a person acts in the heat of passion, they may be considered to have acted impulsively rather than with premeditation or malice aforethought. As a result, their culpability or the severity of their offence may be reduced, leading to lesser charges or a mitigated sentence. The determination of whether heat of passion applies typically depends on factors such as the circumstances surrounding the incident and the reasonableness of the individual’s emotional response.
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This glossary post was last updated: 29th March 2024.
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